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ARTICLE · 31 MAY 2017

Sound Marks: A New Perspective

Dheeraj Kapoor, associate at LexOrbis, examines the repercussions of India's new rules for sound trademarks, and whether they have hit the right note

IndiaIntellectual Property

A musical composition, jingle or sound can play a vital role in brand recollection and enrich the brand value of a business. The concept of sound marks explored, exploited and protected in India definitely opens up its own world of branding. Now, especially with the explicit recognition given to sound as a trademark under the new Trade Marks Rules 2017 as issued on 6 March 2017, businesses can receive more exclusivity for their musical or cacophonic branding and marketing methods to allure, attract and appeal to consumers in today's highly disruptive market.

If sound marks are distinctive and can play the role of trademarks, which is to exclusively identify and associate the goods and/or services as emanating from a particular undertaking (in other words, a 'source identifier'), they are registrable and deserve full protection under the Trade Marks Law. In India, sound marks such as the Yahoo yodel and the corporate jingle of ICICI Bank have already been registered.

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